Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and FlowBooks Pty Ltd (ABN: [TBC]) ("FlowBooks", "we", "us", or "our") concerning your access to and use of the FlowBooks payroll and bookkeeping software and services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

FlowBooks provides cloud-based payroll and bookkeeping software designed for Australian small businesses, including:

• Payroll processing and management
• Single Touch Payroll (STP) reporting to the ATO
• Employee leave management
• Superannuation tracking and reporting
• Bookkeeping and financial record management
• Bank reconciliation
• Expense tracking and reporting
• Financial reports and analytics

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

4. Subscription Plans and Fees

4.1 Pricing

FlowBooks offers multiple subscription plans:

• Starter: Free forever for 1 employee
• Micro: $15/month or $150/year for up to 5 employees
• Small Business: $35/month or $150/year for up to 20 employees

4.2 Payment

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are in Australian Dollars (AUD) and include GST where applicable. Payment is due at the beginning of each billing period.

4.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Refunds

Refunds are provided at our discretion. Monthly subscriptions are generally non-refundable, but we will consider refund requests on a case-by-case basis. Annual subscriptions may be eligible for pro-rata refunds within the first 30 days.

5. Term and Termination

5.1 Term

These Terms commence when you first access the Service and continue until terminated by either party.

5.2 Cancellation by Customer

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will continue to have access until that date.

5.3 Suspension or Termination by FlowBooks

We may suspend or terminate your access to the Service immediately if:

• You breach these Terms
• Your payment fails or your account is overdue
• Your use poses a security risk or violates applicable laws
• We are required to do so by law

5.4 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We will retain your data for 90 days to allow for export or recovery, after which it may be permanently deleted. Data required for legal compliance (e.g., payroll records) will be retained as required by law.

6. Your Responsibilities

You agree to:

• Provide accurate and complete data for payroll processing
• Comply with all applicable Australian employment, taxation, and superannuation laws
• Review payroll outputs before finalizing payments
• Maintain adequate backups of your data
• Not use the Service for any unlawful purpose
• Not attempt to gain unauthorized access to the Service or other users' accounts
• Not reverse engineer, decompile, or disassemble any part of the Service
• Not use the Service to transmit viruses, malware, or harmful code
• Not violate any third-party rights, including intellectual property rights

7. Intellectual Property Rights

7.1 FlowBooks IP

The Service, including all software, designs, text, graphics, logos, and other content, is owned by FlowBooks and protected by Australian and international intellectual property laws. These Terms do not grant you any ownership rights in the Service.

7.2 Customer Data

You retain all rights to your data. You grant us a limited license to use, store, and process your data solely for the purpose of providing the Service to you.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Compliance with Australian Law

9.1 Tax Compliance

While FlowBooks facilitates compliance with Australian taxation obligations (including STP reporting), you remain solely responsible for ensuring your payroll and tax obligations are met correctly.

9.2 Employment Law

You are responsible for compliance with the Fair Work Act 2009 (Cth) and all applicable employment laws, awards, and agreements.

9.3 Professional Advice

FlowBooks does not provide legal, accounting, or financial advice. You should consult with qualified professionals for advice specific to your circumstances.

10. Service Availability and Support

10.1 Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible.

10.2 Changes to Service

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that negatively affect functionality.

10.3 Support

Support is provided via email for all plans. Higher-tier plans may include priority support and phone support.

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the Service will perform substantially in accordance with its documentation under normal use.

11.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be error-free, secure, or uninterrupted, or that all errors will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 AUD IF YOU HAVE NOT MADE ANY PAYMENTS.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

13. Indemnification

You agree to indemnify, defend, and hold harmless FlowBooks and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your breach of these Terms
• Your violation of any law or third-party rights
• Your data or your employees' data

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [State/Territory], Australia. The parties submit to the exclusive jurisdiction of the courts of [State/Territory].

14.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@flowbooks.com.au to attempt to resolve the dispute informally.

14.3 Arbitration

If informal resolution fails, disputes may be submitted to arbitration in accordance with the resolution rules of the Australian Disputes Centre, unless prohibited by law.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FlowBooks regarding the Service.

15.2 Modifications

We may modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before taking effect. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.4 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network failures.

16. Contact Information

For questions about these Terms, please contact us: